1.By participating in the 2012 Weekly Wheels Auction
(the “Auction”) through the website at www.starauctions.ca(the
“Website”), you acknowledge that you have read, understand and accept these
Official Rules and Conditions of Sale of the Auction. Please note that all
transactions conducted through the Auction or the Website are
governed by the Official Rules and Conditions of Sale herein. The Official
Rules and Conditions of Sale also form a legal agreement between the buyer,
being a bidder who has bid the highest price for an item and otherwise met any
reserve price thresholds, (“Buyer”)and the seller, the vendor of an item
(“Seller”).The Sellers are the sole
vendors of items in the Auction.The
Auction is administered by Toronto Star Newspapers Limited (“Toronto
Star”).At no time is Toronto Star a
Seller of any item in the Auction (unless specifically indicated) and the
Website is merely a venue for Sellers to offer items for sale by online
auction.

2.The Auction is open to persons 18 years of age or over who are residents of Ontario. Employees and
representatives of Sellers participating in the Auction, their immediate
families and those with whom such employees and representatives are domiciled
may bid, but not on items that are provided by the Seller with which they are
associated.You must first register with
the Website before you can bid.Upon
registration, a user will receive a user ID and password.Each member is entirely responsible for
maintaining the confidentiality of his or her user ID and password.Furthermore, members are entirely responsible
for any and all activities which occur under his or her user ID and
password.A member must immediately
notify Toronto Star of any unauthorized use of his or her user ID and password.

3.The Auction commences Friday, November
16, 2012 at 9:00 a.m. Eastern Standard
Time (“EST”) and concludes on Wednesday, November 21, 2012 at 4:00
p.m. Eastern Standard Time (“EST”)(the
“Auction Period”), subject to any extension in the event the auto bid extend
feature on the Website is activated.The
auto bid extend feature works to ensure that bidders will always have a chance
to challenge bids placed when an auction is about to close.When indicated on a listing page, if a bid is
placed during the last five (5) minutes of an auction, the auction will be
automatically extended for an additional five (5) minutes from the time of the
latest bid.The auction will close once
all bidding activity has stopped for a period of five (5) minutes.

4.Each bidder will be required to provide a valid
credit card (Visa, MasterCard or American Express only) prior to placing any
bid on an Auction item on the Website. No amount will actually be charged to
the credit card during the bidding process.

5.All items to be offered for sale in the
Auction and a detailed description of each item will be posted on the Website.
Only registered motor vehicle dealers will be permitted to sell vehicles in the
Auction.Toronto Star is not responsible
for the accuracy of the descriptions of the items or the services presented by
the Sellers.Nor does Toronto Star
accept responsibility for, and expressly denies liability of, any warranty or
description stated therein.Statements
made by Sellers are not to be construed as co-joined by Toronto Star in any
implicit or explicit approval, sponsorship, endorsement or guarantee.The Sellers expressly assume all risk and
liability arising from the offer for sale, the actual sale and the delivery.

6.The Auction employs a proxy bidding system
operated by Toronto Star’s computer system (the "Computer System")
administered by employees of Toronto Star (the “Auction Committee”). Through
the proxy bidding process, you tell the Auction Committee the maximum amount
you are willing to bid for an item (your “Maximum
Secret SmartBid”).Only you and the Auction Committee know your
Maximum Secret SmartBid.If you are the highest bidder for any given
item at the end of the Auction Period, you will be required to pay HST, and any
other applicable taxes or fees required to be collected and remitted by the
Seller pursuant to applicable law in addition to the amount you bid, plus any
administration fees or other charges to the Seller as listed in the description
of the item. With respect to motor vehicles, your Drive Clean certificate (if
required) is also extra, unless otherwise stated in the item description. In
accordance with government regulations, administrative, freight, PDI, green
levies and transfer fees are subject to any applicable taxes based on the full
Manufacturer’s Suggested Retail Price of the vehicle and not on the amount of
the successful bid price.

The
Computer System enters your bid into the Computer System. The
Computer System then PLACES BIDS ON YOUR BEHALFat theLOWEST LEVEL
POSSIBLEto make you the high bidder
for the item. For example, if someone outbids you, the Computer System
will automatically place a bid on your behalf that is higher than your previous
bid by:

(1)$100.00 for the purpose of this auction.

The
Computer System will continue to process bids in this fashion unless/until one
of three things happens:

(1)No other bids are higher than yours;

(2)Your Maximum Secret SmartBid
is reached; or

(3)You are declared the successful bidder at the end of
the Auction Period.

In the
event that another bidder exceeds your Maximum Secret SmartBid,
you will have to submit another bid with a higher maximum in order to continue
your participation in the Auction.You
can determine your bid standing and whether your Maximum Secret SmartBid has been exceeded by monitoring your status on the
Website.

For most
items, the Seller will set and the Auction Committee will show online on the
Website the lowest permissible opening bid (the “Opening Bid Amount”) for each
item. In the event that your Maximum Secret SmartBid
is the first to equal or exceed the Opening Bid Amount, the Computer System
will automatically adjust your opening bid to the Opening Bid Amount.In the event that there are no bids for an
item equal to or greater than the Opening Bid Amount when the Auction ends, the
item will not be sold. The Opening Bid Amounts
will be rounded off to the nearest whole dollar. The Opening Bid Amounts
have been set by the seller. The Opening Bid Amounts are fixed values that have
been set by the Sellers and will not be altered after bidding is under
way.

The
starting price status update may indicate one of two values:

(1)NOT YET MET:The value of the current high bid is less than the Opening Bid Amount;
or

(2)MET:The
value of the current high bid is at least the Opening Bid Amount. The item will
be sold to the highest bidder at Auction Close.

This
proxy procedure relieves you of the hassle of submitting new bids whenever you
are outbid and of constantly monitoring the Auction.It also applies to items which are being sold
with a reserve price (“Reserve Price”).The Seller has the option of setting a Reserve Price, which is a price
below which the item will not sell.The
Reserve Price is higher than the opening value.An item sold with a Reserve Price allows the Seller to start the auction
of an item with an opening value below the Reserve Price to initiate bidder
interest.If the Seller has set a
Reserve Price, you will see either a “Reserve Price NOT Met” or “Reserve Price
Met” message on the listing page depending on whether the current bid is below,
at or above this price.

·Reserve Price NOT Met – means that the current
amount of the highest bid is below the reserve price and the item will not sell
by the close of the Auction.

·Reserve Price Met – means that the current amount of
the highest bid is equal to or greater than the Reserve Price and the item will
be sold.

Note: The
Maximum Secret SmartBid that you submit may not
necessarily be the price you pay if you are the successful bidder – you may pay
less, but never more.Choose your
maximum carefully, as you will be legally required to pay that price (plus any
applicable taxes, fees and additional charges) if it is the final highest bid.
The advantage of the Maximum Secret SmartBid system
is that the system will bid on your behalf, all the way up to your Maximum
Secret SmartBid price if necessary.Once the lowest successful bid price rises
above your Maximum Secret Smartbid Price, you are out
of the running for the items offered and will be required to go back into the
system to raise your Maximum Secret SmartBid if you
still choose to continue bidding on the item(s).

7.All bid amounts must be in Canadian dollars.
Bid increments are $100, or higher.

8.Bidding is
internet only and done exclusively through the Website atwww.starauctions.ca. Bidding
on-line is as easy as…

a)Review and accept the Official Rules and Conditions
of Sale for the Auction;

b)Select the item you want to bid on;

c)Ensure that you know and understand all details and
financing related to the item(s) prior to bidding;

d)Click on “Bid On This Item”;

e)If you are a First Time Bidder, click on “Register”
(where you must enter your real name, telephone number, address, age category,
place of residence and credit card information);

f)Follow on-screen instructions;

g)Click “Submit”;

h)You now have a user name and password and won’t have
to put in your personal information again.You can just get right to bidding!

i)Now enter your Maximum Secret SmartBid
on your chosen item; and

j)Click “Submit”.

Be sure
you know your Maximum Secret SmartBid prior to
submission. If you submit a Maximum Secret SmartBid
against yourself, both bids will be considered valid regardless of the fact
that you submitted both bids.

9.The Computer System will administer the proxy
bidding process based on the Maximum Secret SmartBids,
Opening Bid Amounts, starting prices and incremental bidding amounts, and determine the highest bid for each item.

10.In order to allow bidders to monitor high bids
on each item on the Website, a bidder identification code will be associated
with each published bid.

11.In the event that the
highest bidders for an item are tied during the Auction Period, all bids will
be valid and considered tied.However,
if a tie occurs at the close of the Auction, the first Maximum Secret SmartBid received for that item will take precedence.

12.In the event of a dispute between bidders or in
the event of doubt as to the validity of any bid, the Auction Committee will
have the final discretion to determine the successful bidder.

13.If you are the highest bidder and otherwise
meet any Reserve Price thresholds, you are obligated to complete the transaction with the Seller and to
pay the price you bid for the item, together with all applicable taxes,
shipping fees and any other fees associated with the item.The Sellers set the shipping charges and
terms of shipping.Toronto Star bears no
responsibility for late, lost, misdirected or undelivered items or items which
are damaged before, during or after shipping.

You
should also know that bidding on an item is an irrevocable offer to buy the
item at the price bid and your confirmed price can only be retracted if you
have submitted your formal bid retraction request to our customer service not less than 24 hours
before the Auction closes and only under one or more of the following
circumstances:

- You made a typographical error
when placing a bid amount.

- New item information added by the Seller during
the Auction changed your understanding of the item for which your bid was
placed.

- You cannot reach the Seller via email or your
question to the Seller is returned as undeliverable or the Seller responds with
a request to sell to you directly offline.

Please
see our FAQS for an explanation of how to retract a confirmed bid.

You
cannot retract a bid if:

- You
have placed bids on a similar item.

- You
have placed a bid on a Dutch Auction (please see FAQs
for an explanation of a Dutch Auction).

- You
have changed your mind.

- You
state that you cannot pay for the item.

- You
submit a bid retraction less than 24 hours before the close of the Auction.

14. At the close of the Auction, Buyers will be notified by
email by the Auction Committee.If a
Buyer cannot be contacted by telephone or email within two (2) days of contact
first being initiated by the Auction Committee, Toronto Star reserves the right
to disqualify that Buyer (who shall have no further recourse) and deem the next
highest bidder to be the Buyer.

15.The Auction
Committee will provide the Seller with the Buyer’s contact information so that
the Seller may contact the Buyer to complete the transaction.The Buyer shall, within five (5)business days from the time the Buyer
is contacted by the Auction Committee, meet with the Seller, sign the Agreement
of Purchase and Sale furnished by the Seller, and paythe total purchase price to Seller or commit
to pay the total purchase price to Seller through pre-approved financing
arrangements. If the Buyer fails to meet with the Seller,sign the Agreement of Purchase and Sale,and pay thetotal purchase priceas contemplated
herein,within the required five (5)
business days, the Seller and the Auction Committee reserve the right to
disqualify that Buyer (who shall have no further recourse).The Auction Committee may then deem the next
highest bidder to be the Buyer.

16.In each case, the Buyer may be required to
sign a standard waiver/product release form releasing Toronto Star and its
parent, subsidiaries, affiliates and related companies, employees, directors,
officers, agents and assigns from and against all actions, causes of action,
claims, demands, liabilities and damages whatsoever, including legal fees and
expenses, including but not limited to claims based on negligence, breach of
contract and fundamental breach and liability for physical injury, death or property
damage which the Buyer or any of his/her administrators, heirs, successors or
assigns might have or could have, by reason of or arising out of the Buyer’s
participation in the Auction or in connection with the receipt and/or use of
the item.This waiver/product release
form must be signed prior to closing the transaction and receiving any
certificate of purchase. Upon receipt by the Auction Committee of the
waiver/product release form, the Auction Committee will issue a certificate of
purchase. The Auction Committee will not issue merchandise receipts.Toronto Star is not the seller of any items
and is not responsible in any manner for the items or the conduct of the
Seller.

17.If the Buyer fails to comply with all
conditions of sale, including the obligation to make full payment of the total
purchase price within the time limits and terms set out herein, in addition to
all other remedies available to the Toronto Star and the Seller, the Seller may
cancel the sale and re-offer the item or sell it privately and hold the Buyer
liable for any costs or losses associated therewith.

18.It is the
Seller’s and the Buyer’s responsibility to obtain any applicable or necessary licences, registrations, or any other form of approval for
the items sold and to pay any fees associated therewith.

19.All delivery or pick-up arrangements, if
applicable, must be made with the Seller and must be completed within six
months of the Auction Close, unless otherwise specified. All items will be in
stock at time of Auction Close and held in reserve for Buyers.

20.Should the
Buyer, in his/her discretion, choose to purchase any additional items and/or
services from the Seller, such as an extended warranty or rust-proofing (in the
case of motor vehicles), then the cost of such services shall be in addition to
the total purchase price for the item.

21.All decisions of
the Auction Committee are final and binding.

22.Toronto Star is
committed to protecting your privacy. Personal
information collected from you in the course of the Auction will be used by
Toronto Star or its service providers for the purposes of administering the
Auction or as required or permitted by law.Such personal information may be disclosed to any Seller whose item(s)
you purchase for the purposes of, completing the sale or may be disclosed as
required or permitted by law.You may
view Toronto Star’s privacy code in full on this Website.Toronto Star is not responsible for the
collection, use or disclosure of personal information by Sellers.

23.Toronto Star is
not responsible for any bids that are lost, misdirected, incomplete or
illegible, or for failed, partial or garbled computer transmissions, or for
technical failures of any kind including, but not limited to, malfunctioning of
any network, hardware or software, which may limit a bidder’s ability to
participate in the Auction. Proof of sending will not be proof of receipt by
Toronto Star. Toronto Star is not responsible for any on-line or other charges
you may incur in connection with participating in the Auction. Toronto Star is
not responsible for the availability or content of any other website to which
the Website is linked.

24.Toronto Star is
responsible only for the administration of the Auction. Toronto Star has no
involvement in any transaction entered into through the Auction except to the
extent that Toronto Star will permit Seller to advertise the item in the
Toronto Star newspaper and will administer the Auction.The Seller’s price and the Opening Bid Amount
and/or the Reserve Price are set by the Seller.You are welcome and encouraged to view Auction items at the Sellers’
premises during the Auction Period and to ensure that you are satisfied with
price and quality of the items prior to placing a bid on said items.

25.Since Toronto
Star is not the Seller of the items in the Auction, Toronto Star makes no
representations or warranties and there are no conditions of any kind, express
or implied, statutory or otherwise, with respect to the Website, the items
offered through the Auction (including motor vehicles), or any transactions
conducted through the auction or the Website, including without limitation:

a)implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement;

b)any implied warranty arising from course of dealing
or usage of trade;

c)any obligation, liability, right, claim or remedy in
tort, whether or not arising from the negligence of Toronto Star; and

26.Toronto Star and its affiliates will not be
liable for any damages of any kind including without limitation direct,
indirect, incidental, punitive and consequential damages arising out of or in
connection with participation in the Auction or use of the Website or any
item(s) purchased or obtained through the Auction or the Website.

27.All content on this Website is the property of
Toronto Star. Toronto Star grants a limited licence
to each user of the Website to make personal use only of the Website itself.
Any other use, including the reproduction, modification, distribution,
transmission, or display of the content on the Website is strictly prohibited.

28.Use of any method, mechanism, device, or
software affecting the proper functioning of the Auction or the Website is
strictly prohibited. Toronto Star may, in its sole discretion and without
notice, terminate the right of any participant in the Auction or user of the
Website to participate in the Auction or use the Website.

29.Toronto Star reserves the right, in its sole
discretion and without notice, to extend, terminate or modify the Auction
and/or Official Rules and Conditions of Sale at any time. Toronto Star shall
not be liable to any user, member, Seller or Buyer, in tort or in contract,
should Toronto Star exercise its right to modify or discontinue this Website or
any auction.

30.The Auction is governed by and construed in
accordance with the laws of the Province of Ontario and the laws of Canada
applicable therein.By participating in
the Auction, you consent to the exclusive jurisdiction of the courts of
Ontario, Canada.

31.You agree to comply with all applicable laws,
statutes and regulations regarding participation in the Auction, use of the
Website, and any transactions conducted through the Auction and the Website.

32.
Disclaimer of Warranties:YOU EXPRESSLY AGREE THAT USE OF WEBSITE IS AT
YOUR SOLE RISK.THE WEBSITE IS PROVIDED
ON AN “AS IS’ AND “AS AVAILABLE” BASIS.TORONTO STAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.TORONTO STAR MAKES NO WARRANTY THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE.TORONTO
STAR MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE WEBSITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.TORONTO STAR MAKES NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.USERS ARE RESPONSIBLE FOR MAKING ARRANGEMENTS FOR PAYMENT AND SHIPPING
OF ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM TORONTO STAR OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.

33 Limitation
of Liability: NEITHER TORONTO STAR NOR TRUITION INC., THE COMPANY WHICH
DESIGNED THE WEBSITE BASED ON TRUITION INC.’S PROPRIETARY SOFTWARE AND
TECHNOLOGY, SHALL IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE
THE WEBSITE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE OR ALTERATION OF
USER’S TRANSMISSIONS OR DATA, INLCUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF TORONTO STAR OR
TRUITION INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

34. Release and Indemnification:
You hereby waive, release, forgive, discharge and relinquish any and all claims
that you may have against Toronto Star, Truition
Inc., their affiliates, subsidiaries, parents, shareholders, directors,
officers, employees, agents and representatives which are connected with,
relate to or are incidental to any transaction.You agree to indemnify and hold Toronto Star, Truition
Inc., their affiliates, subsidiaries, parents, shareholders, directors,
officers, employees, agents and representatives harmless from and against any
claim or demand, including reasonable attorneys’ fees, made by any third party
due to or arising out of your breach of these terms of use or your violation of
any law or the rights of a third party.